All Workers Are Eligible to Divert Union Dues

Q: I understand that teachers in California must pay union dues, but can request that the dues be donated to a specified charity. Does that also apply to workers in other industries?

--W.K., Torrance

A: Most workers in private industry and government, including teachers, are protected by laws that permit them to pay the equivalent of union dues or fees to a nonreligious, tax-exempt charity instead of their union.

But to qualify, the employees must prove that they are members of an organized religious group that objects to its members joining or financially supporting labor unions. This is a significant obstacle, since there are few religions that forbid their members to pay union dues.

There also are disadvantages to becoming a religious objector. A religious objector does not receive a financial benefit, since the charitable contribution must equal the dues or fees charged to other employees.

The union also can charge religious objectors additional amounts for using the grievance procedure or for legal representation in administrative hearings or arbitration, even if regular, dues-paying members receive these services for free.

Religious objectors in the private sector also can be required to select the charity to which they contribute from among those listed in the labor contract.

--Joseph L. Paller Jr.

Union, employee attorney

Gilbert & Sackman

Employers Often Use IRS Guidelines for Mileage

Q: I am aware that employers must reimburse employees for work-related mileage in personal vehicles, but at what rate? My employer, a nonprofit organization employing fewer than 50 people, reimburses at 21 cents a mile, considerably less than the IRS allowance.

Is there any recourse in such a situation?

--S.S., Los Angeles

A: Employers must pay for all expenses that employees incur in fulfilling their job responsibilities.

IRS guidelines currently list reimbursement of 32.5 cents a mile, which the agency considers a reasonable business expense for tax-deduction purposes.

Although state law requiring employers to reimburse employees for business expenses is not linked to IRS guidelines, most employers, as a practical matter, peg their reimbursement policy to the amount suggested by the IRS.

After all, some expert on car expenses or taxes has calculated that 32.5 cents per mile is appropriate for today’s economy. A much lower reimbursement figure, such as the 21 cents that you mention, probably is not appropriate, although the amount depends on the car and actual expenses involved.

You should try to determine the precise expenses eligible for reimbursement. If the amount exceeds 21 cents a mile, submit your analysis to your employer in an effort to persuade the organization to change its policy.

If you still believe you are not being reimbursed adequately, you could file a claim with the California Division of Labor Standards Enforcement.

--Don D. Sessions

Employee rights attorney

Mission Viejo

Tell Employer True Reason for Request

Q: I have been employed by a prestigious company for the last 15 years. However, for the last 10 months, I have been on medical leave because of stress, which triggered a depression and anxiety attacks.

My medical condition was caused by a manager who is demeaning, insulting and just plain bullying to everyone in the department. Since my leave, seven other employees have left because of the hostile work environment caused by this person.

I am still loyal to the company and want to return to work, but have many concerns about being under the direction of this particular boss.

Do I have a fair reason to request a transfer to another department?

--M.J., Los Angeles

A: You have more than enough justification to request a transfer.

It is important that you be upfront about the reason for your transfer request because it is likely that the company knows about the manager’s mistreatment of employees.

The information you provide will be helpful to the company in taking action against this manager.

Under no circumstances should you go back to your old department while this manager remains.

--Ron Riggio, director

Kravis Leadership Institute

Claremont McKenna College

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If you have a question about an on-the-job situation, please mail it to Shop Talk, Los Angeles Times, P.O. Box 2008, Costa Mesa, CA 92626; dictate it to (714) 966-7873, or e-mail it to shoptalk@latimes.com. Include your initials and hometown. The Shop Talk column is designed to answer questions of general interest. It should not be construed as legal advice. Recent Shop Talk columns are available at https://www.latimes.com/shoptalk.